THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 42-2014
 

A by-law to approve the expropriation of land being Part of Lot 13, Concession 12 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-3951.


WHEREAS the Council of the Regional Corporation enacted By-law Number 83-2013 on October 24th, 2013 authorizing commencement of the expropriation of the above-described lands for the purposes set out therein;

AND WHEREAS, an inquiry into the fairness, soundness and reasonable necessity of the proposed expropriation took place on April 8th, 2014;

AND WHEREAS, the Council of the Regional Corporation has considered the Report of the Inquiry Officer;

AND WHEREAS, the Regional Corporation now seeks approval of the expropriation of the above-described lands;

AND WHEREAS, the Council of the Regional Corporation has by resolution passed on May 22, 2014 authorized the approval of the expropriation of the above-described lands;

NOW THEREFORE, the Council of the Regional Corporation enacts as follows:

1. The expropriation of the above mentioned lands, more particularly described in the Certificate of Approval attached hereto as Schedule "A" to this by-law, is hereby approved;

2. That the decision and reasons of the Council of the Regional Corporation to approve the expropriation, attached hereto as Schedule "B", be served upon the parties to the inquiry and the Inquiry Officer;

3. That the Regional Clerk is hereby authorized and directed to sign and execute on behalf of the Council of the Regional Corporation and affix the corporate seal to the Certificate of Approval attached hereto as Schedule "A" and all other notices and documents which are necessary to carry out the provisions of this by-law;

4. That a plan of expropriation be prepared and registered in the proper land registry office;

5. That a Notice of Expropriation be served upon the registered owners, together with a Notice of Election form as to the date of assessment of compensation and a Notice of Possession requiring possession of the lands at least three months after the date of service;

6. That an appraisal report of the market value of the expropriated lands and, if applicable, other compensation, be obtained;

7. That an offer of full compensation and an offer for immediate payment of 100 per cent of the market value of the expropriated lands as estimated by the expropriating authority, all in accordance with section 25 of the Expropriations Act, be served, together with a copy of the appraisal report;

8. That compensation be paid to owners following the acceptance of the offer made pursuant to section 25 of the Expropriations Act;

9. That all necessary steps be taken to obtain possession of the lands.




READ THREE TIMES AND PASSED IN OPEN COUNCIL this 22nd day of May, 2014.

K. Lockyer
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law Number 42-2014
Expropriations Act

CERTIFICATE OF APPROVAL


IN THE MATTER OF AN APPLICATION BY

The Regional Municipality of Peel
(expropriating authority)

for approval to expropriate land being:

Part of Lot 13, Concession 12 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-3951.

Located on the northwest corner of Highway 50 and Coleraine Drive in the City of Brampton, Ontario.

For the purpose of installing a sanitary sewer drop structure and the construction of the Highway 50 Sanitary Trunk Sewer from Old Castlemore Road to Coleraine Drive in the City of Brampton and works ancillary thereto.

The Council of The Regional Municipality of Peel hereby certifies that approval was given to The Regional Municipality of Peel on the 22nd day of May, 2014 to expropriate the following lands:

Fee Simple

The fee simple interest in the lands described as Part of Lot 13, Concession 12 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-3951.


  The Council of the Regional Municipality of Peel
 

___________________________
Kathryn Lockyer, Regional Clerk



Dated at Brampton, this ______________day of _____________, 2014.



Schedule "B" to By-law Number 42-2014

To:
Charanjit Dhah Victor L. Freidin Q.C.
10461 Coleraine Drive 100 Adelaide Street West - Suite 705
Brampton, Ontario Toronto, Ontario
L6P 0V6 M5H 1S3

Jagtar Dhah
10461 Coleraine Drive
Brampton, Ontario
L6P 0V6

Gurjit Dhah
10461 Coleraine Drive
Brampton, Ontario
L6P 0V6

Apra Trading Inc.
10461 Coleraine Drive
Brampton, Ontario
L6P 0V6

Stephen Waqué
40 King Street West - 44th Floor
Toronto, Ontario
M5H 3Y4

Victor L. Freidin Q.C.
100 Adelaide Street West - Suite 705
Toronto, Ontario
L6P 0V6 M5H 1S3

IN THE MATTER OF an application by The Regional Municipality of Peel for approval to expropriate land, being:

Fee Simple

The fee simple interest in the lands described as Part of Lot 13, Concession 12 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-3951.

AND IN THE MATTER OF a Hearing of Necessity having taken place on April 8, 2014, at the hour of 10:00 a.m., at the Region of Peel, 10 Peel Centre Drive, Brampton, Ontario.

AND IN THE MATTER OF a Report of the Inquiry Officer, Victor L. Freidin Q.C., issued at Toronto on the 15th of April, 2014.

The Council of The Regional Municipality of Peel has received the Report of the Inquiry Officer and has considered the recommendations contained therein as well as the findings of facts comprising the basis of said recommendations.

The Council of The Regional Municipality of Peel has granted to The Regional Municipality of Peel, on the 22nd day of May, 2014, approval to expropriate the following lands:

Fee Simple

The fee simple interest in the lands described as Part of Lot 13, Concession 12 Northern Division, City of Brampton (formerly Township of Toronto Gore), Regional Municipality of Peel, being more particularly identified as Part 1 on Reference Plan 43R-3951.

The Council of The Regional Municipality of Peel approved the expropriation of the above-noted lands for the following reasons:

  1. The objective of The Regional Municipality of Peel is to install a sanitary sewer drop structure and construct a 1200 mm Highway 50 Sanitary Trunk Sewer from Old Castlemore Road to Coleraine Drive in the City of Brampton and to undertake works ancillary thereto.

  2. The Regional Municipality of Peel is taking steps to enhance municipal wastewater systems required in order to safely accommodate the needs of a developing area of The Regional Municipality of Peel.

  3. The lands described in the application were identified by The Regional Municipality of Peel as being necessary for current and future enhancements to municipal wastewater systems. These enhancements will be required in order to safely accommodate the needs of a developing area of The Regional Municipality of Peel.

  4. The Report of the Inquiry Officer contains the finding that the proposed acquisition of the lands described in the application is fair, sound, and reasonable.

  5. To date, attempts by The Regional Municipality of Peel to acquire the lands described in the application by means of amicable negotiations with the owner(s) of these lands have been unsuccessful. Further delay with respect to the acquisition of the lands may adversely affect The Regional Municipality of Peel’s ability to achieve its objectives.


DATED at Brampton this _______ day of ______________, 2014.

 

COUNCIL FOR THE REGIONAL MUNICIPALITY OF PEEL
   
 

___________________________
Kathryn Lockyer, Regional Clerk